The bill establishes a formal process for online notarization, allowing notaries public to operate remotely and perform notarizations via audio-video communication. It delineates responsibilities for both notaries and online notarization platforms, including the retention of records and audio-video communications associated with each notarial act. Furthermore, it imposes civil penalties for violations and governs how notaries authenticate identities during online transactions. These changes are expected to enhance access to notarization services, particularly for individuals in remote areas or those facing mobility challenges.
Senate Bill 696, introduced by Portantino, amends various sections of the Civil Code and the Government Code related to notaries public. The bill aims to modernize the notarization process, particularly by authorizing online notarizations and establishing protocols for their execution. It allows for notarial acts performed in other states or by federally recognized tribes to be recognized in California, provided certain conditions are met. This shift is significant as it facilitates transactions that would otherwise require in-person notarization, which has become increasingly necessary in a globalized and digital economy.
The general sentiment surrounding SB 696 is largely supportive, as it adapts notarial practices to the needs of a contemporary society that increasingly relies on digital solutions. Proponents argue that the bill will streamline processes and increase the accessibility of notarial services. However, there are concerns regarding the security and integrity of online notarizations, with some stakeholders apprehensive about potential fraud or misuse. To address these concerns, the bill implements strict protocols around electronic signatures and protects private information associated with notarial acts.
While the bill promotes efficiency and modernization, it also raises important discussions about the reliability of online notarizations compared to traditional methods. The requirement for notaries to maintain both paper and electronic journals introduces complexity, and some critics express anxiety about the potential for technological failures or breaches of sensitive information. Nevertheless, the bill includes stipulations for compliance and penalties for non-adherence, which are designed to mitigate risks and safeguard the notarization process.